THIS
MATTER comes before the Court on pro se
Plaintiff's Motion for Entry of Default/Default Judgment,
Doc. 3, filed April 11, 2018.

Plaintiff
filed several documents on April 11, 2018. The first item,
labeled “Complaint” in the docket, is not a
complaint but instead is three separate documents. The first
is a “Notice of Diversity of Citizenship” which
states “David Martin (Trust) is a United States Citizen
and whereby the Trustee's locus/situs is outside the
State of New Mexico, and the UNITED STATES thereby
foreign.” Doc. 1 at 1. The second is a “Notice of
Foreign Law (Comity)” which states that
“foundational law is controlling in all matters as
agreed by all parties regarding the Trust [and] Foundational
Law is the King James Bible, see Public Law
97-280[1], supported by the Declaration of
Independence, Constitution of the United States of America,
natural law, ecclesiastical law, Magna Charta [sic], duly
noted in Notice and Demands dated November 25, 210, and
December 26, 2017.” Doc. 1 at 3. The third document is
titled “Service of Process” which states
“Due Process was fulfilled on November 27, 2017,
January 2, 2017 when the SOCIAL SECURITY ADMINISTRATION was
noticed and an opportunity to respond was given.” Doc.
1 at 4.

Plaintiff
also filed a “Notice of Waiver of Fees and Costs”
on April 11, 2018, which states “There are no filing
fees, because there are no proceedings” and “no
fees or costs can be paid, because the UNITED STATES
GOVERNMENT does not have a money based system that is backed
by gold and or silver.” Doc. 2 at 1-2.

Plaintiff
also filed a “Motion for Entry of Default/Default
Judgment” on April 11, 2018. Doc. 3. The affidavit
attached to the Motion indicates that Plaintiff
“noticed” the Social Security Administration
twice “outlining the injuries done and requesting
remedy, ” “with a final agreement that [the
Social Security Administration] will pay $2, 000, 000 sum
certain immediately to [Plaintiff], ” and if the Social
Security Administration did not pay immediately “then
it was to be treated as a theft and incur a treble
damage.” Doc. 3 at 2. Plaintiff seeks a default
judgment pursuant to Fed.R.Civ.P. 55 in the amount of $6,
000, 000 and states “[t]here are no facts in dispute
and no judicial issues.” Doc. 3 at 2.

The
Court will deny Plaintiff's Motion for Entry of
Default/Default Judgment. Entry of default and default
judgment is appropriate “[w]hen a party against whom a
judgment for affirmative relief is sought has failed to plead
or otherwise defend.” Fed.R.Civ.P. 55(a). Plaintiff has
not filed a complaint in this case seeking a judgment for
affirmative relief.[2] Nor is there any indication that the
Social Security Administration has been served with any of
the documents filed in this case. Furthermore, Rule 55(d)
states that “[a] default judgment may be entered
against the United States, its officers, or its agencies only
if the claimant establishes a claim or right to relief by
evidence that satisfies the court.” None of the
documents filed by Plaintiff contain any facts regarding
Plaintiffs claims against the Social Security Administration
or Plaintiffs right to relief

The
Court will dismiss this case without prejudice. See
McKinney v. State of Okla. Dep't of Human Servs.,925 F.2d 363, 365 n.1 (10th Cir. 1991) (“a sua sponte
dismissal under Rule 12(b)(6) is not reversible error when:
(1) it is “patently obvious that the plaintiff could
not prevail on the facts alleged;” and (2)
“allowing [the plaintiff] an opportunity to amend his
complaint would be futile”). It is patently obvious
that Plaintiff cannot prevail on the facts alleged because
the only alleged facts are that Plaintiff gave the Social
Security Administration notice of his injuries, and demanded,
but did not receive, the requested relief It would be futile
to allow Plaintiff to amend because the Federal Rules of
Civil Procedure do not allow this Court to enter a default
judgment for a defendant's failure to respond to an
administrative claim and where the defendant has not been
served with a summons and copy of the complaint or otherwise
notified of the action against the defendant.

IT IS
ORDERED that

(i) Plaintiffs Motion for Entry of Default/Default Judgment,
Doc. 3, filed April 11, 2018, is DENIED as moot; and

(ii) This case is DISMISSED without prejudice.

---------

Notes:

[1] Public Law 97-280 is a Joint
Resolution authorizing and requesting the President to
proclaim 1983 as the “Year of the Bible.”

[2] Document 1 filed in this case was
designated as a “Complaint” by Clerk's Office
staff. As discussed above, the three documents filed as
Document 1 do not constitute a ...

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